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Texas Child Support Questions & Answers
2 Answers | Asked in Child Support and Family Law for Texas on
Q: Do I need to file anything to end child support in Texas after my daughter graduated and turned 18?

I'm located in Texas and recently made my last child support payment. My daughter graduated in May and turned 18 on June 29. There is no court order for continuation, no past-due amount, and I haven't received any communication from the child support enforcement agency. Do I need to file... View More

John Herbig
John Herbig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

It depends. If your Order states specifically that your child support terminates on the child's birthday or when the child graduates high school, whichever comes second, and both of those things have happened then you don't need to file anything with the Court or the Attorney General.... View More

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2 Answers | Asked in Child Support, Child Custody, Family Law and Employment Law for Texas on
Q: My son faces legal actions for increased child support and visitation rights termination. He earns $11/hr part-time and struggles financially. His ex-wife cites the child's autism. What are his legal options and how can he get representation?

My son, who earns $11/hr working part-time for an events company and has a mental health diagnosis, has been served with papers by his ex-wife’s lawyer. The legal actions against him include requests for increased child support, extending support beyond age 18 due to alleged... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2025

Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More

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2 Answers | Asked in Divorce, Child Support, Child Custody, Family Law and Military Law for Texas on
Q: Veteran seeking advice on disestablishing paternity and child support in TX

I am a veteran living in Houston, TX, previously honorably discharged from the army. I'm in a same-sex marriage, currently separated from my wife who is in San Antonio, TX. She had a child with an acquaintance, and I am listed as the other parent on the birth certificate. I've financially... View More

Raymond Chow
Raymond Chow
answered on Jun 27, 2025

Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More

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3 Answers | Asked in Divorce, Domestic Violence, Child Support and Family Law for Texas on
Q: Divorced, ex not paying spousal maintenance, harassment, TX

I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

Raymond Chow
Raymond Chow
answered on Jun 27, 2025

If your ex-husband is failing to make spousal maintenance payments or threatening to stop them, you can file a Motion for Enforcement of Spousal Maintenance in the family court that issued your decree. The court can order him to pay arrears, issue a judgment against him, and, in some cases, hold... View More

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3 Answers | Asked in Divorce, Domestic Violence, Child Support and Family Law for Texas on
Q: Divorced, ex not paying spousal maintenance, harassment, TX

I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2025

You can see if you qualify for pro bono legal assistance at one of the many pro bono legal clinics in the State of Texas. Legally, you also can represent yourself; however, I would not recommend it. Unless you are thoroughly familiar with the legal process and what needs to be done, I do not... View More

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3 Answers | Asked in Appeals / Appellate Law, Child Support, Employment Law and Family Law for Texas on
Q: How can I appeal a child support decision not considering late discovery documents and VA disability?

I am incarcerated and facing child support arrears issues. My attorney informed me on 4/21/25 that my discovery was due by 4/28/25. I sent the required documents by 4/25/25, but my attorney failed to find the email and only tried to submit them on the hearing day. The court didn't allow it,... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More

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2 Answers | Asked in Child Support, Military Law and Family Law for Texas on
Q: Seeking low-cost attorney for child support arrears modification as disabled veteran with limited income.

I am a disabled veteran with child support arrears that have accumulated since 2001. My current income is significantly less than what it was when my child support was originally calculated, as my only income now is VA disability. I am currently incarcerated for contempt due to these arrears.... View More

Raymond Chow
Raymond Chow
answered on Jun 10, 2025

Thank you for your service. I don't have good news—you cannot modify your CS arrears like that. What should have taken place was a CS modification on your monthly obligation (different from arrears) when your income changed substantially. If it's been more than 10 years since your child... View More

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3 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Should I start a new divorce filing after the judge noted defective language related to my 18-year-old child?

I'm currently going through a divorce in Dallas, Texas, and the judge pointed out defective language in our filing concerning our child, who is now 18. There are issues related to child support and the child's well-being. Should I fix these issues in the current filing, or would it be... View More

John Michael Frick
John Michael Frick
answered on May 30, 2025

It would be simple to amend the existing pleading. An amended pleading replaces the previous pleading. Your attorney should be able to accomplish this very quickly and inexpensively.

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2 Answers | Asked in Child Support, Tax Law and Family Law for Texas on
Q: How to address tax return offset due to child support arrears in Texas?

I recently discovered that my tax return was offset due to child support arrears, and the Office of the Attorney General processed this offset. Although I have contacted them to request a review of my situation, my requests are being ignored. What steps can I take to contest or address this offset... View More

John Michael Frick
John Michael Frick
answered on May 15, 2025

First, run a copy of your child support payment record and review it to determine why the AG thinks you owe child support if you think you have been making all of your payments. Make sure that the record is accurate.

Second, if the amount of your tax refund exceeded the amount that your...
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2 Answers | Asked in Personal Injury, Legal Malpractice, Child Support and Family Law for Texas on
Q: Delay in personal injury settlement payment and unresolved liens

I have not received my personal injury settlement, and it's been almost 9 months since it was settled. I've been in contact with my lawyers, who often change the subject when I inquire and say it takes time. No specific agreement was made on when the settlement would be disbursed to me.... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

You might want to communicate with the other parent to whom the child support is owed. If they are trying to negotiate a release of the child support lien for less than the amount you owe, the other parent may be the stumbling block.

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: How to terminate child support for a married adult daughter in Texas?

I have been paying child support for my daughter, who is now 32 years old, married, has two children, and owns a home. Due to my current circumstances, including caring for my bedridden father and not working, I need to terminate this obligation. What steps or forms do I need to complete to request... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

You need to take your court order and case file to an attorney who practices family law in or near the county where the court is located that issued the child support order. There are almost certainly relevant facts which are not contained in your question. In most cases, a child support... View More

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: How can I stop child support payments for my 32-year-old married daughter in Dallas, TX given my caregiving responsibilities?

I am paying child support for my 32-year-old daughter, who is married and has two children. Despite her situation, these payments continue, and my daughter and her mother refuse to drop them, resulting in my struggle for 26 years. Currently, I'm unemployed due to having to care for my... View More

Raymond Chow
Raymond Chow
answered on May 13, 2025

By Texas law, child support ends when the child turns 18 or graduates from an accredited high school, whichever is later. You need to check your final court order. You can also submit a judge-signed withholding order to your employer to stop the child support garnishment.

I have a strong...
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2 Answers | Asked in Child Support, Civil Litigation and Family Law for Texas on
Q: Can my ex take me back to court to offset child support payments when they still owe me money?

I have been faithfully paying child support for several years, totaling over $39,000. The other party owes me approximately $2,000. Now, they are attempting to take me back to court to offset their owed payments. Can they do this, and how should I proceed with the existing disparity in owed amounts?

John Herbig
John Herbig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2025

A party can take the other party back to court to recalculate child support if three years have passed and the amount of the child support would change by at least one hundred dollars, or 20%. A party can also take you back to court if there has been a substantial change in circumstance.... View More

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3 Answers | Asked in Child Support, Consumer Law and Family Law for Texas on
Q: Is it legal for unpaid child support to be on my credit report?

Is it legal for unpaid child support to appear on my credit report? I am concerned about how this might affect my credit, and I need guidance on this situation.

John Michael Frick
John Michael Frick
answered on Apr 28, 2025

It is both legal and required. Unpaid child support can (and should) affect your credit. Child support is a "preferred" debt that takes priority over many other types of debt in the event of a priority dispute or bankruptcy. A child support lien is usually going to be satisfied first,... View More

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2 Answers | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Texas on
Q: What legal motions and evidence can address a father's neglect of a child's medical needs?

I am worried about my child's severe medical needs being neglected by the father, despite a court order in our Final Divorce Decree to communicate through the Talking Parent app and share medical decision rights. Out of 300 messages I've sent over two years, the father has opened only 20%... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More

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3 Answers | Asked in Child Custody, Child Support, Tax Law and Family Law for Texas on
Q: Custody tax claim issue with ex in Texas; no child support due to 50/50 custody, and ex-wife claimed both kids against our verbal agreement. How do I resolve this?

I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.

Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax...
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3 Answers | Asked in Child Custody, Child Support, Tax Law and Family Law for Texas on
Q: Custody tax claim issue with ex in Texas; no child support due to 50/50 custody, and ex-wife claimed both kids against our verbal agreement. How do I resolve this?

I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2025

Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504

On a more practical note, I am familiar with...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How can a non-custodial parent in Texas give up parental rights without agreement from the custodial parent?

I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a... View More

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025

In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More

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2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Do I have at least 20-40 percent rights on the house if I divorce

Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home... View More

John Michael Frick
John Michael Frick
answered on Mar 25, 2025

If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.

Otherwise, if the home was purchased by him before you were married, it is his separate property....
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3 Answers | Asked in Child Support for Texas on
Q: How to stop child support deductions for adult children in Texas?

I'm currently paying child support for children who have been adults for over four years. Despite this, money is still being deducted from my paycheck weekly. I have received some correspondence from the child support office but no explanation as to why these payments continue. How can I get... View More

Raymond Chow
Raymond Chow
answered on Mar 21, 2025

1. Fill out the required Income Withholding for Support Order (IWO) form.

2. Print the IWO form.

3. If possible, hire an attorney to review your completed IWO form.

4. Take the completed IWO form to the Judge who signed, or will sign, your order for child support, cash...
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